New Mexico Nursing Home Advocate News : New Mexico Nursing Home Abuse Lawyers & Attorneys : Harvey Law Firm : Neglect, Resident Rights : Albuquerque, Los Alamos, Santa Fe

We've spoken before about important factors to consider when choosing a nursing home for your loved one. 

You also have another tool, one that can be very useful, when you are looking at a particular nursing home or choosing from several nursing homes. 

The State of New Mexico's Division of Health Improvement conducts evaluations of nursing homes on at least a yearly basis, and more often when there is a complaint about a particular home.  These evaluations include a visit to the nursing home by a team of health care professionals, and usually last several days. 

These evaluations, called "surveys," seek to make sure that the nursing home is following the state regulations for nursing homes.  While the surveyors are at the nursing home, they observe conditions in the nursing home, and also review the medical chart of randomly selected residents.  They look at all aspects of the nursing home's care, from its food to its maintenance to its staffing levels.

When they have finished their observations at the facility, the surveyors fill out a series of forms, detailing any problems that they observed.  They state which regulations, if any, were not being properly followed, and discuss details of those deficiencies.  They then give a copy of this survey to the nursing home, which has to then come up with a "Plan of Correction," showing that they are taking steps to correct the problems the surveyors found.   

At this web site, you can search by the nursing home's name for its surveys. In an upcoming post, I will tell you more about how to use this web site, and how to interpret the information you find there. 

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The 84 remaining residents of Haiti’s Port-au-Prince Municipal Nursing Home are waiting for food, water and medicine. According to Associated Press reports, other survivors have shared some food and medicine with dying residents, but large-scale foreign aid has not arrived.

"Several elderly residents were nearing death, staff said. They gasped for air, motionless amid the mayhem of a makeshift tent city erected by survivors on the grounds of the nursing home in an impoverished downtown neighborhood.”

Photos show the nursing home residents begging for food, without medicine or care, awaiting death.

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We have grown deeply concerned about nursing homes in New Mexico owned by a national company called “Fundamental.” The Harvey Law Firm is currently pursuing several lawsuits against various “Fundamental” nursing homes:

Vida Encantada in Las Vegas (four cases)

• A woman died in 2006 after suffering from unexplained leg fractures, infected pressure sores, malnutrition and dehydration. Records show that she was incontinent and suggest that she may have been left laying in urine and feces for prolonged periods of time.

• A man died in 2007 after suffering from falls, numerous pressure sores, infection and contractures.

• A woman died in 2007 after suffering from pressure sores, dehydration and malnutrition.

• A woman died in 2008 after suffering from a lack of oral hygiene, dehydration, urinary tract infections, contractures and pressure sores.

Valle Norte in Albuquerque (closed in 2008)

• A woman died in 2008 after suffering from numerous unexplained falls leading to fractures, lack of hygiene and a failure to communicate abnormal lab results to her doctor.

Albuquerque Care Center

• A woman who needed full assistance died in 2008 after suffering from unexplained fractures and infected pressure sores.

Casa Maria in Roswell

• A woman died in 2007 after her son arrived at the nursing home earlier in the day to find his mother in acute pain and suffering from a leg fracture.

We are interested in talking to any potential witnesses, either employees or other family members with loved ones in any of these nursing homes, who may assist our investigations into these incidents. 

These nursing facilities currently owned by "Fundamental" were also owned by companies called "THI" or "Trans Healthcare."

In order to conduct your own investigation into a nursing home, you can visit the Nursing Home Compare website.
 

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A recent study reported in the New York Times found that within 3 months of moving into a nursing home, 71% of Florida nursing home residents who received Medicare were being medicated with psychoactive medications--anti-depressants, anti-psychotics, or dementia medication. 

The study, which was published in the Journals of Gerontology by researchers at the University of South Florida, found that the majority of these residents--64%--had not been taking these kinds of medications before they moved into the nursing home.  A majority of them--71%--had not had any psychiatric diagnosis whatsoever within six months before moving into the nursing home.

Disturbingly, 15% of these residents were taking more than four psychoactive medications. 

While nursing home residents are certainly vulnerable to mental health issues, this study's results seem to suggest that many facilities, lacking sufficient staff, turn to medication, rather than hands-on care, to address residents' mental health needs.  In fact, only 12% of those residents were getting other forms of mental health care. 

Another concern, as the study's lead author, Dr. Victor Molinari, told the Times, with this rate of medication, is that “it could well be that we’re causing problems like falls, confusion and delirium, and hospitalizations.”  

If you have a loved one in a nursing home, do not be afraid to ask questions about the medications they are taking, the reasons why the medications are being prescribed,  the possible interactions or side effects of those medications, and the alternatives available. 

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Cathedral Rock Corp., which operates nursing homes in Texas, Illinois, Missouri and New Mexico, will pay the United States $1 million in criminal fines and penalties, and $628,000 in a civil settlement, for operating five nursing homes in the St. Louis area that were understaffed and provided substandard care. 

The nursing homes admitted in their plea agreements that:

• At various times staffing at the nursing homes was not sufficient to provide adequate nursing care
• At various times wound care was not provided at the nursing home
• residents often did not receive their medication as prescribed
• medical records were falsified and a "charting party" occurred at SpringPlace to fill in medical records so that it appeared that all medication had been properly given, regardless of whether the medication was actually given or not
• the nursing homes submitted fraudulent claims to Medicare and Missouri Medicaid for services that were not provided or were worthless  

The guilty plea is part of a settlement of criminal charges and a civil lawsuit that was originally filed by two whistle-blower employees in 2003. The ensuing investigation found that several residents were suffering from dehydration, weight loss, and preventable bed sores that led to amputations. One resident died after falling from a window.Other claims included falsification of residents’ medical records, failure to administer necessary medications. 

Missouri Attorney General Chris Koster said Cathedral Rock engaged in billing practices designed to defraud Medicare and Missouri Medicaid by submitting false cost reports to Medicare and Medicaid for services that were not provided. In addition, he said that substandard care was provided that contributed to serious injury or death of residents.

"This kind of fraudulent conduct is not to be tolerated,” Koster said. “To defraud the taxpayers and then offer grossly substandard care to those who cannot care for themselves is unconscionable.”

The Texas-based Corporation, which was founded by C. Kent Harrington, the current owner and CEO, advertises itself as “a company based on Integrity, Service and Teamwork.” The company’s website states, “our management team strives to provide quality care for our Residents and an uplifting, positive environment in which to work.  Our Residents and their quality of life come first. Close behind is the company's second priority - our staff and true fulfillment in their jobs by helping those Residents have the best care possible.” 

The Harvey Law Firm is currently engaged in litigation against Cathedral Rock for its operation of a New Mexico nursing home known as Santa Fe Nursing Operations/Santa Fe Care Center.

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A team of Brown University researchers, led by Mary Fennell, a professor of sociology and community health, has concluded that Hispanic residents are more likely than whites to live in nursing homes of poor quality. These nursing homes are more likely to have structural problems, staffing and financial issues.  

“The most shocking finding is the pervasiveness of disparities in nursing home care that are primarily white, compared to nursing homes that are a mix of whites and Hispanic residences,” Fennell said.

Apparently, this study is a follow up on a 2007 study that concluded that African Americans are also more likely than whites to live in poor quality nursing homes. 

“People with resources can get into very good places or alternatives for nursing home care,” Fennell said. “Everyone else is left with not-very-good facilities that are not performing well.”

Notably, the study’s findings indicate a departure from a historical pattern. “Traditionally, the group has used formal long-term care services less frequently than any other U.S. ethnic group. They had also been less likely than white or black residents to live in nursing homes. In Hispanic households, elder care has traditionally been handled by adult daughters at home, but acculturation and financial issues have forced a growing number of young Hispanic women into work outside the home.”

The study notes that the number of Hispanics in nursing homes is expected to rise. The details of the study can be found in the January 2010 edition of Health Affairs.

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